The importance of full and frank disclosure within divorce proceedings

By Curtis Law Solicitors

22 Nov 2013

by Wendy Wharton, family law solicitor, Curtis Law

When a couple divorce or have a partnership dissolution they are more than likely to have the financial aspects of their relationship to deal with.

Sometimes separating is not always simple, straightforward or acrimonious. Financial settlement is one of the most contentious aspects of separation and people find it difficult to see why the husband or wife, or civil partner should get anything at all.

The circumstances of each divorce or dissolution of a civil partnership are different and there are no strict rules relating to the resolution of financial matters. The law in this is flexible and it is not always the case that assets will be divided equally between the two parties.

There are a series of factors which are taken into account when attempting to reach an appropriate financial agreement including child support and welfare, length of the marriage, civil partnership and ages of the parties, financial needs, contributions – these are just a few examples.

Before any family lawyer can properly advise a party upon what is a realistic division of assets on divorce or civil dissolution, the full extent of all the assets have to be identified and disclosed in full. Any businesses or homes require valuation and if there are any pensions, these also need to valued.

If one party fails to disclose assets or tries to hide or depreciate assets this can get them into serious trouble. At the moment a Respondent husband has been found guilty of contempt of court and jailed for not co-operating with financial relief proceedings (Ball v Shepstone [2013]) after failing to comply with an order and was committed to prison for 14 days. He has also been ordered to pay his wife’s costs of and incidentals to her application for committal.

Issues also arise relating to what constitutes ‘matrimonial assets’ and what should be subject to the sharing principle. Arguments often arise over whether assets owned before the marriage should be viewed as non-matrimonial and therefore treated differently and often the same issues arise over inherited assets or assets built up during the period of separation.

However all have to be disclosed for a decision to be made. In the cases of ‘Miller v Miller’ and ‘McFarlane v McFarlane’ for example, the House of Lords confirmed that when making a financial award the three principles which should guide the court are needs, compensation and sharing.

There are no hard and fast rules as to how these principles are applied. The assets of the marriage are not divided equally in every divorce, but where certain factors apply there is a strong argument for an equal division. An equal split of assets will usually take place where assets of the marriage are large and therefore sufficient to meet the housing needs of both the husband and the wife, or civil partners and the assets were built up during the course of the marriage or civil partnership.

In a most recent case, which is still before the court, an ex-husband is alleged to have concealed £15,000 of jewellery belonging to his ex-wife, which he claimed ‘she lost’.

The judge has given the husband until 16 December to help find the jewellery and has ruled that after the marriage has broken down irretrievably, the husband had attempted to put money ‘beyond the reach’ of his ex-wife. If the jewellery somehow ‘magically returns’ that is acceptable, if it does not she will get the extra cash from the house sale proceedings on top of her 80% share of the sale of the former family home. Parties need to be very careful when deciding to not disclose assets or put money beyond the reach of their husband or wife or civil partner as this will always be discovered and at additional cost.

Enjoyed this? Read more from Curtis Law Solicitors

Latest news

1

Lumo reveals first refurbished West Coast train The first West Coast line train by Lumo

Lumo reveals first refurbished West Coast train

22 Apr 2026

2

Multi-million pound investment in Blackpool's power network Multimillion-pound investment programme which will transform the electricity network in Blackpool

Multi-million pound investment in Blackpool's power network

21 Apr 2026

3

Quantum Base building 'momentum' with strong revenue figures Tom Taylor Quantum Base

Quantum Base building 'momentum' with strong revenue figures

21 Apr 2026

4

Drainfast announces further expansion with new Skelmersdale depot Drainfast

Drainfast announces further expansion with new Skelmersdale depot

20 Apr 2026

5

Date for Preston tram bridge opening Preston tram bridge

Date for Preston tram bridge opening

20 Apr 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

Sub36 Networking - Outdoor Elements
Sub36 Outdoor Elements Logo1920x1008
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

Outdoor Elements, Pump House Dean Wood, Trapp Lane, Burnley, BB12 7JD

09:00 - 11:00

LBV128 May/June Magazine Networking Event
Canva - Mag Launch
Networking
19 May 2026

LBV128 May/June Magazine Networking Event

Colne Market Hall, Lancashire, BB8 0HS

08:30 - 10:30

Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026 - 17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

Freelancer Meet-Up April
April Freelancer Instagram size.png.png
LBV Hub Networking
23 Apr 2026 - 23 Apr 2026

Freelancer Meet-Up April

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 00:00

Vibe Coding: "Who owns what when no one wrote the code?"
April PTC Banner.png.png
LBV Hub Networking
28 Apr 2026 - 28 Apr 2026

Vibe Coding: "Who owns what when no one wrote the code?"

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Sales acceleration in this uncertain economic climate
Logo.jpg.jpg
LBV Hub Seminars
28 Apr 2026 - 28 Apr 2026

Sales acceleration in this uncertain economic climate

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:30 - 10:30

Dazzle & Decadence
Dazzle & Decadence TryBooking Header.png.png
LBV Hub Fundraisers
30 Apr 2026

Dazzle & Decadence

Ainsworth Jewellers, 57-59 Darwen St, Blackburn, BB2 2BW

18:00 - 20:00

Manufacturing for Tomorrow Club
Example.png.png
LBV Hub Seminars
30 Apr 2026 - 30 Apr 2026

Manufacturing for Tomorrow Club

University of Lancashire, Preston, PR1 2HE

09:00 - 11:30

Blackburn Beer and Gin Festival 2026
Blackburn Beer and Gin Festival 2026
LBV Hub Social
01 May 2026

Blackburn Beer and Gin Festival 2026

BB1 8NB

17:00 - 23:00

Society1 Open Coworking Day
LBV Hub Networking
06 May 2026 - 06 May 2026

Society1 Open Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 16:00

Emergency First Aid at Work
LBV Hub Seminars
08 May 2026 - 08 May 2026

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 16:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin